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Advice needed from an estate agent (specifically letting agent)

If any are on here.

my flat I currently rent, the first years tenancy agreement expired in September last year, however, my landlord or his agents have never contacted me to extend the agreement officially, and likewise I have not contacted them.
im still paying the rent on time etc, and am happy to stay here for the time being on a casual rolling monthly basis, as he seems too as well.
now, the crux, I am currently house hunting with my partner, and will eventually leave, hopefully within the next 3-6 months (if not quicker).
Where do I stand on giving them notice (I will give as much as possible just to be decent) or can I just walk away at very short notice if I have to due to circumstances with no with legal comeback as I have no current tenancy agreement.
Conversely, can the landlord ask me to leave at very short notice, essentially, what are mine and his rights, and is it better to get something signed ?

TIA 

Comments

  • Check your tenancy agreement but likely you are now on a periodic rolling monthly tenancy. The tenancy agreement should also state the notice period either side needs to give, but likely one month.
  • edited January 29
    DA9 said:
    If any are on here.

    my flat I currently rent, the first years tenancy agreement expired in September last year, however, my landlord or his agents have never contacted me to extend the agreement officially, and likewise I have not contacted them.
    im still paying the rent on time etc, and am happy to stay here for the time being on a casual rolling monthly basis, as he seems too as well.
    now, the crux, I am currently house hunting with my partner, and will eventually leave, hopefully within the next 3-6 months (if not quicker).
    Where do I stand on giving them notice (I will give as much as possible just to be decent) or can I just walk away at very short notice if I have to due to circumstances with no with legal comeback as I have no current tenancy agreement.
    Conversely, can the landlord ask me to leave at very short notice, essentially, what are mine and his rights, and is it better to get something signed ?

    TIA 
    Your tenancy agreement should say assured shorthold tenancy.  This means you are obliged to remain (or at least pay rent for) 6 months from the start of the tenancy.

    Once this period is up you can leave with one months notice.  Your landlord is required to give you two months notice to leave.

    There are two things to be aware of.  You could have an agreement that your tenancy should end on the final day of a rolling period AND you need to give at least a months notice OR you give a months notice at any time and will be liable for rent until the end of that month.  For instance you started your tenancy on the 1st of Jan and the 6 months was up on the 31st June.  After that you pay your rent on the 1st of every month.  You decide to leave so you give notice on 20th July, and pay rent until 20th August when you vacate the flat, OR you give notice on 20th July but are still required to pay rent until 31st August when you leave.  You'll need to check your agreement.  I'm not 100% if the landlord can require you to give more than one calendar months notice tbh - it's a grey area but generally not worth the hassle.

    A shorthold tenancy agreement may have variations but you cannot sign your rights away - an AST that said your landlord only had to give you two weeks notice for instance would not be enforcable.
  • Thanks for the advice all
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